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Recent Blog Posts
Construction Accidents and Third-Party Liability
By Daniel Kotin
We do not tend to think of fall and winter as prime months for construction to occur, but some building projects do not stop just because the temperatures may dip. This means that Illinois construction workers are at risk year-round of suffering a work-related accident. Just recently a construction worker in Chicago was killed instantly when something under pressure hit the worker in the face. Other common causes of workplace injuries and deaths include falling from heights, being crushed by machinery or heavy loads, and carelessness when working around power tools.
Workers’ compensation laws in Illinois provide injured workers (and the surviving family members of deceased workers) who are injured on the job an avenue through which they can recover monetary compensation for their injuries. But this is not the only avenue available to them.
School Bus Crashes Can Involve Several Responsible Parties
By Daniel Kotin
In the broad category of transportation, school bus crashes are rare. Statistically speaking, there are far more car accidents and truck accidents than crashes involving school buses - the resulting injuries to pedestrians and occupants of passenger vehicles can often be as serious as those seen in trucking accidents. And like trucking accidents, there can be a number of responsible parties that must be identified.
Why Identify All Responsible Parties?
One may question the wisdom and necessity of identifying all responsible parties as part of one’s investigation into a bus crash. After all, if the bus driver is at fault, why bother wasting time finding out who else is responsible? However, failing to identify all responsible parties can severely and negatively impact the amount of compensation you are able to recover. Most bus drivers do not have many assets and resources: if the bus driver is the only person against whom you bring suit, you many never fully recover all the compensation a court may award you.
Medication Errors Found in 1 Out of 2 Surgeries
In a truly frightening study, researchers at Harvard-affiliated Massachusetts General Hospital have found that a mistake was made in 1 out of 2 surgeries performed - and that is at one of the leading hospitals in America! Read about it here.
How a Criminal Prosecution Can Help Your Personal Injury Case
It is quite common for criminal actions – that is, those actions and activities that are described as crimes – to cause harm to one or more victims. The harm that these criminal activities causes can be the subject of a civil case that is filed around the same time as a criminal case is filed. There are some important differences between a civil case and a criminal case, even when they are based on the same facts:
- A criminal trial must be held within a specific period of time or else the defendant’s right to a speedy trial is violated;
- At a criminal trial, the defendant’s guilt must be proven beyond a reasonable doubt; and
- The defendant has a constitutional right not to testify at a criminal trial.
Serious Safety Questions Raised About Birth Control Device
Serious questions are being asked about the safety of the Essure birth control device manufactured by Bayer HealthCare Pharmaceuticals. According to a study in the British Medical Journal, the device, which is implanted in a woman’s fallopian tubes to induce scar tissue formation to block the tubes and prevent eggs from being fertilized, resulted in women undergoing 10 times as many surgeries to fix problems versus women who had their tubes tied. According to the FDA, patients have reported persistent pain and bleeding and the need to remove the device and repair damage. Therefore, it would seem that women should think twice and consult with their physicians before using Essure for birth control.
Toddler with Brain Damage Denied Medical Care
In a story that will make your blood boil, a toddler with brain damage and his entire family have been banned from receiving medical care by the 600 doctors that provide most of the medical care in Oklahoma, all because the child brought a lawsuit for what caused him to be brain damaged in the first place:
"Toddler with cerebral palsy allegedly denied medical care by more than 600 doctors," News Channel 4 (KFOR)
To punish this special needs child and his family by denying essential medical care is beyond the pale. I hope the good people of Oklahoma don’t tolerate this and stand up for this family.
Illinois Statute of Limitations: What You Need to Know
By Dan Kotin
After you have been injured in a personal injury accident, you cannot sit on your legal rights indefinitely. If you do not take action to assert your rights within a specific period of time, you can be prevented from attempting to exercise your rights in the future. The law that authorizes this to happen is referred to as Illinois’ statute of limitations. It is important to understand the specifics of the statute of limitations that may pertain to your case.
Purpose of the Statute of Limitation
Being threatened with a lawsuit or believing you may have exposed yourself to legal liability can be extremely disruptive to your personal life. You may take certain actions or refrain from taking other actions because you fear what may happen if a lawsuit is filed against you. The idea behind the statute of limitations is to prevent this sort of fear and confusion from existing for a prolonged period of time. By requiring those who have legal claims against you to exercise their rights promptly, you are able to move on with your life quickly.
Getting It Wrong
A stunning new report has concluded that every one of us will experience a wrong diagnosis at least once in our lifetime. According to a report from the Institute of Medicine of the National Academies of Sciences, Engineering and Medicine, each of us are likely to experience an inaccurate or delayed diagnosis in our lifetime, sometimes with devastating consequences. According to the report:
- At least 5 percent of U.S. adults who seek outpatient care each year experience a diagnostic error
- Autopsies suggest diagnostic errors contribute to 10 percent of patient deaths
- Diagnostic errors account for 6 to 17 percent of adverse events in hospitals
The report calls for better teamwork and training of medical professionals, and more emphasis on identifying and learning from mistakes. Clinicians are also urged to listen more carefully to patients and their families, who can provide useful information in arriving at accurate diagnoses.
Why Venue is Important to Your Personal Injury Lawsuit
Many online articles focus on the substance of the law: identifying the elements of a particular cause of action or describing how a certain legal defense operates. As important as this information is, there is a factor more basic and fundamental to every lawsuit that can have a profound impact on your lawsuit’s chance of success: the place where you choose to file your lawsuit. In other words, the specific court you choose to hear your personal injury lawsuit (called the “venue”) can have as significant of an impact on your lawsuit’s chances for success as can choosing the right witnesses and making sure you have sufficient evidence to prove the claims of your lawsuit.
What is Venue?
“Venue” describes what court or courts would be most appropriate to hear a particular lawsuit. Although venue is a concept closely related to jurisdiction and the two are often discussed in conjunction with one another, venue is different from jurisdiction (which discusses what court has the power to hear a particular case). It is not uncommon for multiple courts to have venue as a court may be considered an appropriate place to hear a particular dispute if:
Drug Price Disgrace
A 32 year-old former “hedge fund” manager acquired a 62 year-old drug used to treat human infections and jacked the price from $13.50 to $750 per tablet, according to The New York Times. Only a few years ago, the drug cost $1 per tablet. But CorePharma acquired it, then Impax bought CorePharma, and the young hedge fund manager purchased it and jacked-up the price to the point where it is essentially unaffordable. This is not the only example. A tuberculosis drug was just increased in price from $500 to $10,800 for 30 pills after its acquisition of Rodelis Therapeutics. We’re all for capitalism and investment in new medicines, but this is ridiculous. People are going without life-saving medicine while we read about hedge fund managers spending $100 million on Manhattan condos. An absolute disgrace.
Source:
http://www.nytimes.com/2015/09/21/business/a-huge-overnight-increase-in-a-drugs-price-raises-protests.html
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